Freedom of Profession under Article 19

Article 19(1)(g) guarantees every citizen the freedom to practise any profession or carry on any occupation, trade or business. This freedom is not absolute: the State may regulate it only within the grounds permitted by Article 19(6).

Permissible grounds of restriction

Article 19(6) permits the State to impose reasonable restrictions in the interests of the general public.

• The State may prescribe the professional or technical qualifications necessary for practising a profession or carrying on an occupation, trade or business.
• The State may itself carry on any trade, business, industry or service as a State monopoly, wholly or partly excluding citizens or others.

Test of a valid restriction

A restriction must rest on valid law, pursue a constitutionally permitted purpose, and maintain a reasonable relationship with that purpose. It cannot be arbitrary, excessive or more burdensome than the public interest requires.

• Both the substantive restriction and the procedure used to enforce it are open to judicial review.
• The court balances the citizen's occupational freedom against the nature, purpose and extent of the restriction.
• Even a measure permitted by Article 19(6) must comply with other constitutional guarantees, including Article 14.

Application to licensing conditions

The State may regulate an occupation through licences, safety standards and necessary qualifications. A condition such as language proficiency must have legal authority and a rational, proportionate connection with professional competence or public interest; mere administrative preference is insufficient.